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McHUGH v. CITY OF NEW YORK

4103N. 155796/12.

150 A.D.3d 561 (2017)

2017 NY Slip Op 04069

55 N.Y.S.3d 29

FRANCIS McHUGH, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 23, 2017.

Plaintiff allegedly was injured while working in a tunnel during construction of the Second Avenue Subway. He commenced an action against the City and the MTA in 2012, and those defendants failed to produce a witness for deposition, even after the issuance of three so-ordered discovery stipulations. In 2014, plaintiff commenced an action against defendant Parsons Brinckerhoff, Inc., which was consolidated with his action against...

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